Made redundant while on sick leave

zenaoz · 27 July 2011 at 7:55PM

I have a life long illness and have worked part time with this for over a year now, but I have had to take some sick leave while my new medication is being organised and administered. I have been off now for 6 weeks and I have heard a whisper that my employer is going to make me redundant, I know this is because of the sickness as there is plenty work there for me. Is this allowed? Can my employer make me redundant while I am on sick leave? If so how much notice does he have to give me? I know I am still entitled to my holiday pay, but will this be paid as in my salary or the ssp I am receiving now?
I am a single mother and have no idea what benefits I should be getting, so if someone has this advise also I would be very grateful.

Thanks
DD

jazzyman01 · 28 July 2011 at 10:28AM

Number of questions to answer here.

1

Jarndyce · 28 July 2011 at 10:30AM

Can they make you redundant? Yes.
Are they going to make you redundant? You don't know - what is 'a whisper'?
Can they dismiss you on the grounds of your sick record? Yes, but...
...Are you disabled as defined by the Equality Act? It sounds like you could be, in which case you need further advice on what assistance to ask the employer for, depending on the nature of your illness.
Are you in a union? Yes? Go and see your rep. No? Time to join one.

jazzyman01 · 28 July 2011 at 10:33AM

oops! dont know how that happened. Will try again.

Firstly it is the role that is made redundant. If the Company can show that there is a reduction in the work required then a redundancy applies. This may actually mean that part of the job you do is done by other staff members so it is not the whole job necessarily that disappears. Secondly it could be an increase in work and their requirement for a full time member of staff.

In either situation you should be consulted about the proposals. If it is just the one role to go then consultation may be swift as there is no specific timescale.

Yes - your post can be made redundant whilst you are off sick. As you have less than 2 years you would not be entitled to a redundancy payment (unless something specific to your organisation).

Your statutory notice would be one week but your contract may state more than this. Both notice and holiday pay would be subject to tax. Notice and holiday would be based on your normal salary entitlement.

Made redundant while on sick leave

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